Knee decisions — 2015

The Veteran's claim for service connection for a left knee condition to include as secondary to his right knee disability has been reopened and granted. He is also awarded TDIU based on the combined effect of his service-connected disabilities, including diabetes mellitus type II.

The Veteran's appeal is being remanded due to his failure to report for a scheduled videoconference hearing. The case will be returned to the AOJ for further action.

The Veteran has withdrawn his appeal concerning the issues of entitlement to increased ratings for left knee disability and right knee disability.

The Board has reopened the Veteran's claims for service connection for right hand and wrist, right shoulder, left knee, and low back disabilities. The claims are granted in part as new and material evidence was received to reopen them. Service connection is not established for any of these conditions.

The Veteran's right and left knee disabilities have resulted in painful, noncompensable limitation of motion. The Veteran's service-connected fibromyositis of the left trapezius and paravertebral muscle area involving Muscle Group I has been manifested by consistent complaints of fatigue-pain and objective findings of lowered fatigue threshold. For the initial rating period from March 16, 2007 to August 17, 2007, the Veteran had limitation of right shoulder motion more nearly approximating midway between side and shoulder level. The effective date for service connection for right shoulder DJD is set at March 16, 2007.

The Board has determined that new and material evidence was received to reopen the Veteran's claims for service connection for right and left knee disorders. The Veteran is now entitled to service connection for these conditions.

The Veteran's appeal is being remanded to the AOJ for a videoconference hearing before the Board of Veterans' Appeals. The issues are about service connection and an initial evaluation for his left ankle disability.

The Board has determined that the Veteran's low back disability and right leg radiculopathy are related to service, while his left hip and knee disabilities may be related to service or a separate incident. Service connection is granted for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling an appropriate examination to address the history of his right knee disability.

The Veteran's PTSD and right knee disability have been evaluated, but the claims for increased ratings are denied as they do not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's claim for service connection is being remanded due to the need to obtain and associate VA treatment records from Detroit, Michigan. The claims will be reconsidered based on all available evidence.

The Veteran's hearing loss claim was denied. His left knee disability received a noncompensable evaluation, while his lumbar spine arthritis and GERD were both denied service connection.

The Board found that the Veteran's lumbar spine osteoarthritis is not caused or made worse by his service-connected right knee degenerative joint disease. The claim for an increased rating for right knee disability was also denied.

The Board is remanding the case for further development, including obtaining an addendum opinion regarding service connection for actinic keratosis and a new examination to assess the current severity of the right knee disability. The issue of referral for extraschedular consideration is deferred pending further development.

The Veteran's degenerative arthritis of the left knee was rated at 20 percent from November 13, 2007. The Board found that a higher rating is not warranted for this period.

The Board has ordered a remand due to the need for an updated opinion regarding the Veteran's TDIU claim, considering his education, training, and work experience.

The Board has ordered a remand due to the need for a new VA examination to assess the Veteran's right knee disability, including instability. The case will be returned to the AOJ for further action.

The Veteran's claim for an earlier effective date for TDIU is being remanded due to the need for additional development, including obtaining a retrospective opinion regarding his employability based on service-connected disabilities prior to April 22, 2009.

The Board has remanded the Veteran's claims for further consideration due to incomplete records and conflicting evidence regarding his employability.

The Veteran's temporary total rating for convalescence following a June 2011 right knee replacement surgery is denied as the law does not allow for extensions beyond one year.